Opinion
No. 6-009 / 05-0129
Filed April 12, 2006
Appeal from the Iowa District Court for Jefferson County, James P. Blomgren, Judge.
Yates appeals claiming ineffective assistance of counsel during his sentencing hearing.
AFFIRMED.Edward F. Noyes, Fairfield, for appellant.
Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, and Timothy W. Dille, County Attorney, for appellee-State.
Considered by Sackett, C.J., and Vogel and Mahan, JJ.
On appeal from his conviction for second-degree criminal mischief, see Iowa Code § 716.4 (2003), Shawn Yates claims he received ineffective assistance of counsel, and asserts this court should vacate his sentence and remand to the district court for resentencing. Our review of this claim is de novo. State v. Bergmann, 600 N.W.2d 311, 313 (Iowa 1999).
Yates points to an "obvious inaccuracy" in the presentence investigation report, to which he maintains counsel should have objected. The State contends resentencing is unnecessary "because the sentencing record as a whole does not reflect the district court relied on improper or false information. . . ." We agree and find no cause for resentencing. The district court set forth detailed findings, which we conclude supports the sentence imposed. Furthermore, Yates asserted the same argument in a motion to reconsider, which the district court considered and denied.
Finding no breach of duty and no prejudice to Yates, we affirm.